Worcester slots vote not expected to be part of US Senate ballot

WORCESTER — City Solicitor David M. Moore says it is highly unlikely a community host agreement will be signed with the group that wants to develop a slots parlor here in time to piggyback a local gaming referendum with the June 25 special U.S. Senate election.

As a result, it is beginning to look more likely that the referendum election will be held during the summer vacation season in either July or August, according to City Clerk David J. Rushford.

Depending on when the agreement is signed, it could also be pushed into September, when the city has already scheduled a preliminary municipal election for Sept. 17.

But there is a possibility that a city-wide preliminary election may not be needed if there are not enough at-large City Council or School Committee candidates to warrant one.

Under regulations established by the Massachusetts Gaming Commission, a referendum election on the gaming question has to be scheduled not less than 60 days and not more than 90 days after the signing of the community host agreement by the city manager.

In order to piggy-back gaming referendum with the June 25 Senate election, City Manager Michael V. O'Brien would have to have signed the host agreement by April 26.

At its next meeting April 23, the City Council is supposed to take up a motion authorizing Mr. O'Brien to negotiate a host agreement with Massachusetts Gaming & Entertainment LLC, which wants to develop a slots parlor on the 14-acre Wyman-Gordon property on Madison Street.

He emphasized that support of the order is not an endorsement by the council of the proposed slots parlor. Instead, he said, the intent is to get a host agreement negotiated so it can then be put before the voters for their consideration.

In addition to the tight time frame the city manager would face to negotiate an agreement in time for the June 25 Senate election, Mr. Moore said before the city manager signs any agreement he intends to first submit to the City Council for review, though its approval is not necessary.

"The city manager has advised the City Council that his plan is to negotiate an agreement and then submit it to the City Council unsigned so there could be some council deliberations on the agreement and then presumably at some point sign it," Mr. Moore told the Election Commission Wednesday night. "That would then start the clock for the election cycle."

There had been some interest in piggybacking the local gaming referendum question with the special Senate election because interest in that election could bring more people than usual to the polls.

The solicitor said once the city manager signs the community host agreement, the city is mandated to hold a referendum election.

Mr. Moore said the City Council would have to call for a referendum election and the city clerk would then be responsible for setting the date of the election.

He added that the wording of the question would also set by the Massachusetts Gaming Commission: "Shall the city of Worcester permit the operation of a gaming establishment, licensed by the Massachusetts Gaming Commission" to be located at the Wyman-Gordon property off Madison Street?

Mr. Moore said the slots proponent, Mass Gaming & Entertainment, will be required to foot the entire bill for holding the election.

He said if the referendum is piggy-backed with any other regularly scheduled election, then the applicant would only be responsible for paying any additional elected-related costs caused by the referendum.

Mr. Moore also emphasized that the city manager is under no obligation to sign a host community agreement if he does not feel the agreement is best for the city or protects its interests.

"The manager is not obligated to sign a host agreement," he said. "If he decided not to sign it, it would end it at that."

The solicitor said if a host agreement is signed and the referendum question is approved by voters, then Mass Gaming & Entertainment would be able to submit a final application to the Massachusetts Gaming Commission.

That commission would then schedule a public hearing in Worcester on the proposal.

He said the gaming commission cannot issue the one license that will be issued in the state for the operation of a slots parlor until 30 days after it completes its public hearings.